Res99 RD-99-30 - Laserfiche WebLink

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Agency do not agree on an amount of the Supplemental Pre-Acquisition Costs to be paid by IAC by the Resolution Deadline Date, then either party may terminate this Agreement. In such event, or if this Agreement is otherwise terminated pursuant hereto, the Agency shall return to IAC that portion of the funds deposited to fund the Pre-Acquisition Budget that has not already been espended or obligated by the Agency for activities authorized under the Pre-Acquisition Budget prior to the Notification Date or termination date, as the case may be. Pre-Acquisition costs shall consist of pre-acquisition costs, including, but not limited to, the following ("Pre-Acquisition Costs"): 1. Cost of Appraisals, including cost of the Agency's environmental consultant. 2. Cost of the Agency's attomeys associated with implementation of this Agreement, and of the Agency's eminent domain attorneys, including all costs associated with obtaining rights of entry hereunder. 3. Consultant costs for data collection, the Replacement Housing Plan, interviews with displaced persons, relocation needs assessment and survey of available compazable replacement housing, and prepazation of a relocation plan for tenants of the Acquisition Pazcels. 4. Cost of the Agency's fixture, equipment and goodwill appraisals. 5. Cost of the Agency's acquisition agent. B. Appraisals. T'he Agency shall hire an appraiser to complete appraisals to be used in the Agency's offers to owners pursuant to Government Code Section 7267.2 for the acquisition of each of the Acquisition Pazcels (the "Appraisals"). The Appraisals shall be conducted at the sole expense of IAC, provided that IAC has approved the portion of the Pre- Acquisition Budget covering the Appraisals. The Appraisals shall be completed by the Agency's appraiser within the time set foRh in the Schedule of Performance. C. Meet and Confer. In the event that any party identifies potential impediments to the feasibility of the IAC Project at any time during the term of this Agreement, the parties shall promptly meet and confer in good faith and use their best efforts to discuss and agree upon mutual approaches to overcoming such impediments ("Meet and Confer"). Either party may initiate a meeting for this purpose by notifying the other party in writing, in which event a meeting shall be held within ten (10) days. To the extent that either party determines that the City's participation is necessary to resolve any potential impediments or other related issues, the Agency may invite the City's participation. D. IAC's Election to Proceed. Notwithstanding any other provision in this Agreement, no later than the time set forth in Section 108(E) for delivery of the Shazed Infrastructure Security, IAC may (i) terminate this Agreement in a�cordance with Section 809 of this Agreement by notifying the Agency in writing that it will not deliver the Shazed Infrastructure Security, or (ii) proceed with the IAC Project by delivering to the Agency the Shared Infrastructure Security (such delivery shall be deemed IAC's "Election to Proceed"). Failure to provide written notice that IAC elects to terminate this Agreement and failute to deliver the Shazed Infrastructure Security within ten (10) days afrer the time period set foRh in 8 9627:8397625